Minnesota DWI Laws
Under Minnesota DWI law (also called DUI or OUI in other jurisdictions) it is a crime for a person to drive while under the influence of alcohol or a controlled substance. Under the implied consent law, it is also a crime for a driver to refuse to submit to a chemical test of his or her blood, breath, or urine (so long as there was probable cause). However, it is important to know that an arrest is not a conviction. There are many ways an attorney can help, including having your charges reduced or dismissed (e.g., if your constitutional rights were violated). Minnesota has one of the most complicated sets of DWI laws in the country. If you or someone you know has been arrested or charged with a Minnesota DWI, it is best to consult a knowledgeable attorney.
Minnesota tiers its criminal DWI offenses in degrees — from 4th (least severe) to 1st (most severe). For more serious offenses, Minnesota imposes mandatory hold and conditional pretrial release. Charges and penalties (e.g., fines, jail) are generally based on the existence of any aggravating factors:
- A qualified prior impaired driving incident within the preceding 10 years;
- An alcohol concentration of .20 or more upon arrest (but not for first-degree DWI); and
- The presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender (but not for first-degree DWI).
In Minnesota, DWI offenders also face administrative penalties which can begin immediately upon arrest and are independent from the criminal case. Notably, all Minnesota DWI suspects face Administrative License Revocation. The duration depends on a variety of factors, including the age of the offender (i.e., under or over 21). Administrative License Plate Impoundment and Vehicle Forfeiture may also be imposed upon repeat offenders or first offenders with aggravating factors. With so much at risk, it is best to have a skilled attorney fighting for you.
Minnesota DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Minnesota BAC laws may differ from those of other states, as follows.
| Minnesota BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .00 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: Any time during license suspension.
| DUI/DWI Arrest | |
| 1st Offense | 90-day license suspension |
| Subsequent Offenses (within 10 years) | 1-year license suspension |
| Temporary License | Yes for 7 days after DUI/DWI citation |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st and Subsequent Offenses | 1-year license suspension |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 90 days (may have limited license) |
| Prison Term and Community Service | 90 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory chemical use assessment; possible treatment |
| Second DUI/DWI Offense | |
| License Suspension | 1 year (2 years for BAC of .16 or higher) (may have limited license) |
| Prison Term and Community Service | 90 days in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory chemical use assessment; possible treatment |
| Third DUI/DWI Offense | |
| License Suspension | 3 years (may have limited license) |
| Prison Term and Community Service | 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $3,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory chemical use assessment; treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Minnesota Office of the Revisor Statutes